Order Preventing Removal of Child

If you are concerned that your child may be removed from New Zealand with the intention of preventing you from having access or custody, you can ask the Family Court to grant you an order to prevent the child from leaving New Zealand. This is commonly called an “Order Preventing Removal”.
If you are concerned that your child may be removed from New Zealand with the intention of preventing you from having access or custody, you can ask the Family Court to grant you an order to prevent the child from leaving New Zealand. This is commonly called an “Order Preventing Removal”.

You will have to tell the Court why you fear that your child will be removed; for example, because the child’s other parent has indicated that they will take with them when they go overseas.

If there is an order preventing removal, you child’s details can be entered on to the Customs Service computer system for passengers (CAPPS Listing).  This means that the child can be stopped from leaving the country at the airport by customs officers.

This is especially important if your child has citizenship of more than one country, because the Court in New Zealand cannot prevent other countries from issuing a passport to your child.
As your lawyer, we can make an application for an alert to be entered onto the Customs system.  It will not happen automatically through the Court.

If you find yourself in a situation that involves the removal of your child without consent from New Zealand or retention of a child overseas, you are strongly advised to seek legal advice.

The team at The Law Shop is highly experienced in family law.  We can advise you on the process and all that may be involved, and explain in everyday language what you can expect from the Family Court.

If necessary, we can request an emergency hearing time.  We can attend the Court hearing with you, and work with you towards a resolution that is best for you and the child.  Legal Aid may be available if you are eligible.

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